Statutory rape?
My Boyfriend is 15 and i am 14 we have a sexual relationship. can him and i both be charged for statutory rape?? If so how long will we have to stay in jail for??
Answers:
First, to get rid of some wrong answers. Your parents cannot decide whether or not he gets prosecuted. If the government authorties find out about it, it will be up to them no matter what your parents think. It is an offense, even though you are both underage. Neither of you would be sex offenders required to register (that does not apply to this offense).
Both of you (yes, BOTH of you) are committing the offense of unlawful intercourse (it is not called "statutory rape" in California). Since he is not three years older than you, it is a misdemeanor. (Penal Code section 261.5, subd. (b).) Since you are both minors, neither of you could go to jail; it would be within the jurisdiction of the juvenile court. It is very unlikely that any custodial punishment would be imposed (and if it was, it could not be over 6 months).
If he was having intercourse with you when you were 13, that is a MUCH more serious offense, child molesting, and IS a registrable sex offense. It is a felony, and could result in a far longer period of incarceration if prosecuted (though a prosecution of a boy who was 14 at the time may not be likely). (Penal Code section 288.)
Finally, putting on my adult hat, rather than my lawyer hat, you are FAR to young to be engaging in a sexual relationship with anybody. You need to talk to an adult you trust about this--preferably your parents, but if not some other responsible adult who can give you guidance.
He can be charged. If your parents want, they can press charges against him and he would spend a long time in jail.
No. It's only SR if one of the people is over legal age and the other person isn't/
Somebody would have to complain.
Even if it consensual, he could get labeled a sex offender - have to report his address to police (I think it is called Megan's Law) every time he moves.
One of the unintended overkills of government.
It depends what state you are in, but most states wouldn't jail him for having sex with you if he's less than two years older than you. You also would not go to jail, no matter what area you're in.
But a word to the wise -- I know what it's like, and I know you think you know about the world and about sex now, but you are too young to really make that decision. That's why statutory rape laws are in place, because people under a certain age -- no matter how smart they are -- make bad decisions that can affect the rest of their lives.
Please, please be smart, and if you absolutely want to have sex and nothing's going to stop you, please be safe and use birth control AND condoms to stop the spread of any diseases. That would be the smart (and adult) thing to do.
You, no. Him (VERRY) maybe. Absolutely depends on the state you live in. Some consider age of consent at 14. There, no way. Many states are moving away from criminalizing "Romeo and Juliet". Which you are.
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